VANISHREE ENTERPRISES Vs. BSES RAJDHANI POWER LIMITED

JUDGEMENT

(1.) THE petitioner-Mr. Ram Prakash, who appears in person, states that he has challenged by way of present writ petition arrears of Rs. 2,67,831. 01 claimed by BSES Rajdhani Power Limited, the respondent, in the electricity bill for the month of June, 2003. The said electricity bill pertains to premises No. D-9/4, okhla Industrial Area, Phase-I, New Delhi, a property owned by the petitioner. The petitioner is also the registered consumer of the electricity meter installed in the property for which the bill has been raised. The said electricity bill consists of arrears on account of electricity consumed during the period 4th June, 2001 to 5th October, 2001 of Rs. 94,910/ -. For this amount, one M/s Absolut Apparels, the then tenant of the petitioner, had issued a cheque to the erstwhile Delhi Vidyut Board but the said cheque was received back dishonoured. The respondent-Distcom is also claiming late payment charges on rs. 94,910/- i. e. ; Rs. 1,29,272/ -. In addition, the respondent-Distcom has claimed Rs. 1,38,558. 66 on account of alleged sub-letting during the period 4th december, 1998 to 3rd November, 2001. The aforesaid amounts add up to make the bill of Rs. 2,67,831. 01.

(2.) DUE to non-payment of the bill of Rs. 2,67,831. 01, the arrears demanded by respondent-Distcom increased to Rs. 3,57,910. 75 as on 7th March, 2005. The increase is due to late payment surcharge.

(3.) M/s Absolut Apparels was not made party to the present writ petition, presumably because in the prayer clause challenge was mainly made to the impugned demand of Rs. 1,38,558. 66, i. e. the amount payable for alleged sub-letting during the period 4th December, 1998 to 3rd November, 2001. The prayer clause of the writ petition reads as under:-i) An appropriate writ, order or direction to quash the demand raised under notice dated 7. 3. 2005 including the impugned demand of Rs. 138,558. 66ps and lpsc, if any, and to return the interim payment of Rs. 10,000/- made by the petitioner under directions of the PMT Lok Adalat;